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UNITED STATES v. GUSTIN-BACON DIV. CERTAIN-TEED PROD.

No. 713-69.

426 F.2d 539 (1970)

UNITED STATES of America, Appellant, v. GUSTIN-BACON DIVISION, CERTAIN-TEED PRODUCTS CORPORATION, a Corporation, and Local 41 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellees.

United States Court of Appeals, Tenth Circuit.

April 30, 1970.

Attorney(s) appearing for the Case

Dennis F. Gordon, Atty., Dept. of Justice, Washington, D. C. (Jerris Leonard, Asst. Atty. Gen., Washington, D. C., David L. Rose, Atty., Dept. of Justice, Washington, D. C., and Robert L. Roth, U. S. Atty., Kansas City, Kan., on the brief), for appellant.

Leonard O. Thomas, Kansas City, Kan. (William H. Sanders and William C. Nulton, Kansas City, Mo., on the brief), for appellee Gustin-Bacon Division, Certain-Teed Products Corp.

Joel Pelofsky, Kansas City, Mo. (S. M. Terbovich, Kansas City, Kan., James D. Shine, Jr., and Joseph M. Miniace, Kansas City, Mo., on the brief), for appellee Local Union No. 41.

Before PICKETT, HILL and HICKEY, Circuit Judges.

HILL, Circuit Judge.

This is an appeal from an order dismissing an action brought by the United States Attorney General under 42 U.S. C.A. § 2000e-6(a). The single question on appeal is what Congress intended by requiring that complaints filed under 42 U.S.C.A. § 2000e-6(a) must set forth "facts pertaining to such pattern or practice."

In April, 1969, the United States Attorney General filed a complaint against appellee Gustin-Bacon Division, alleging...

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